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there are exceptions to the miranda warning? >> there are exceptions to the miranda warnings. since the miranda case in 1966, the supreme court carved out a number of different exceptions where the police don't need to read the miranda warnings to a suspect and can still introduce in the statements that the suspects make into evidence. >>brian: do you believe this information warrants that exception? >> i do not. i think the government is taking a chance by deciding to go ahead and interview the suspect, future defendant without reading his miranda rights. the exception that they are citing is the public safety exception from a 1984 case, where a suspect was arrested after putting a loaded gun somewhere that supermarket. as the police were driving away, they asked him what he did with the gun, and he told them where it was. the police were able to recover a loaded gun. but in that case the danger to the public was immediate. here, i think we're talking about potentially interviewing this guy, the younger brother, when he wakes up in the hospital after the police have been sati
there are exceptions to the miranda warning? >> there are exceptions to the miranda warnings. since the miranda case in 1966, the supreme court carved out a number of different exceptions where the police don't need to read the miranda warnings to a suspect and can still introduce in the statements that the suspects make into evidence. >>brian: do you believe this information warrants that exception? >> i do not. i think the government is taking a chance by deciding to go...
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Apr 20, 2013
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don't read him his miranda rights, try him as enemy combatant. seeing this already fall on partisan lines in minutes. >> i spoke with susan collins, a republican senator. >> barely. >> even before the suspect -- >> you're not unhappy about that. >> -- had been captured, she said if this person is in some way an american citizen, i do not believe they should be treated as enemy combatant. >> absolutely. when i said it falls on partisan lines, you'll probably see the rand pauls, the far right come around and defend his rights and vice versa, but this is something that we saw fought over time and time again when george bush was president. ironically, three republican senators or at least the two, mccain and graham were defending the liberal point of view saying don't torture. >> the argument, should the suspect be treated as part of al qaeda and taliban basically. it was authorization for use of force. the question is does it even apply? >> right. >> and will it matter. and then the other question you're going to get to is if we had been warned by t
don't read him his miranda rights, try him as enemy combatant. seeing this already fall on partisan lines in minutes. >> i spoke with susan collins, a republican senator. >> barely. >> even before the suspect -- >> you're not unhappy about that. >> -- had been captured, she said if this person is in some way an american citizen, i do not believe they should be treated as enemy combatant. >> absolutely. when i said it falls on partisan lines, you'll probably...
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Apr 20, 2013
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doj official says on background that, again, the suspect is in custody, is alive and that no miranda warning is going to be given. that the public safety exception is being invoked by the department of justice and law enforcement. in order to do a limited and focused interrogation. this is done, in part, when they want to make sure there's no continuing imminent threat. >> and, again, legally, does this in any way imperil their case later if they don't have a miranda warning. >> reporter: now, again, i'm not an attorney, but what this source told me is this is the only recognized exception. in this case, seen or taken by the supreme court. >> and dick clark, weigh in on that, please. >> i'm not a lawyer, either, but my understanding is that any information he gives them, prior to getting his miranda rights probably cannot be used against him in a court of law, but it seems to me they've got enough information against him already. >> i was asking you earlier who would go in the room, what kind of people, how they would talk to him. and they will be recording every single thing that ha
doj official says on background that, again, the suspect is in custody, is alive and that no miranda warning is going to be given. that the public safety exception is being invoked by the department of justice and law enforcement. in order to do a limited and focused interrogation. this is done, in part, when they want to make sure there's no continuing imminent threat. >> and, again, legally, does this in any way imperil their case later if they don't have a miranda warning. >>...
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Apr 20, 2013
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i don't think the miranda argument is particularly important in the end. they'll convict him if he lives. and if they don't give him miranda warnings, maybe they'll get more information about if there are other individual involved in this conspiracy. >> do you think that's part of it? other individuals involved? as someone who's been in the situations before, how big a concern is that, of the decisions tonight? >> sure. it's not about getting additional evidence against him. the public safety exception is to find out whether or not there is explosive devices out there that would cause some harm to the public -- >> which they're worried about. they don't know where all the pipe bomb went. >> sure. it's an absolute right to use the public safety exception in these circumstances. or is there an act of conspiracy beyond him and his brother. that's important for law enforcement to get to the heart of that as quickly as possible. >> that's an important point. we've been talking about, you know, they thought during the day that he could have some of those pipe bo
i don't think the miranda argument is particularly important in the end. they'll convict him if he lives. and if they don't give him miranda warnings, maybe they'll get more information about if there are other individual involved in this conspiracy. >> do you think that's part of it? other individuals involved? as someone who's been in the situations before, how big a concern is that, of the decisions tonight? >> sure. it's not about getting additional evidence against him. the...
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Apr 20, 2013
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so whether or not you read miranda to this man when he wakes up, we know that medically he's unable to talk right now, he still knows he has a right to remain silent. so i'm not sure the enemy combatant label is going to sick. >> enemy combatant, that status is a bad idea. allen dur sho witch told piers morgan that there is no way a person in boston could be tried as an enemy dock bat tant. that's ignorance of the law. who is right here. >> it's too early to tell, but he is the guru. what he's pointing out is you do not want to mess this up. you don't want to get a confession or information without ma ran diezing him if in fact you cannot later label him as an enemy combatant then anything he says is subject to be so pressed and not in a court of law. go ahead, give him counsel, he's not going to get bond, ma ran diez him and conduct a thorough investigation so everything staunds up when we get him into a court of law. >> okay. there is no state death penalty in massachusetts. so the death penalty off the table in. >> no. don, this is an interesting thing. he is be charged by both fede
so whether or not you read miranda to this man when he wakes up, we know that medically he's unable to talk right now, he still knows he has a right to remain silent. so i'm not sure the enemy combatant label is going to sick. >> enemy combatant, that status is a bad idea. allen dur sho witch told piers morgan that there is no way a person in boston could be tried as an enemy dock bat tant. that's ignorance of the law. who is right here. >> it's too early to tell, but he is the...
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Apr 20, 2013
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certainly he will be read his miranda rights. this is obviously a very controversial subject involving terrorism investigations, but since this was an fbi arrest, this will -- he will be read his miranda rights. he doesn't have to ask for a lawyer. he could make statements that could later be used against him. that's after all what the miranda warnings are. you can have an attorney or you can make a statement. depending on -- >> jeff, let me jump in here. i want to check in with john king. >> -- he will either speak to -- >> john, you're hearing more? >> i just want to pass along information from our producer, who says two federal law enforcement officials have confirmed to her they have verified the identity. it is the younger brother, suspect number two, in custody. it is now they say federal officials verified the identity and have no doubt. as i said earlier, a federal official i communicated with said in custody, unspecified medical needs and they are now sweeping that scene to make sure there are no additional risks. >> bri
certainly he will be read his miranda rights. this is obviously a very controversial subject involving terrorism investigations, but since this was an fbi arrest, this will -- he will be read his miranda rights. he doesn't have to ask for a lawyer. he could make statements that could later be used against him. that's after all what the miranda warnings are. you can have an attorney or you can make a statement. depending on -- >> jeff, let me jump in here. i want to check in with john...
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Apr 20, 2013
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>> there are reports there was no miranda giving. they were claiming public safety kpenls. >> there is a public safety exemptions in days of national security and charges involving acts of terrorism. the government has that opportunity right now. i believe the suspect has been taken to a hospital. thank you. >> what's the federal death count? >> this is still an active, on going investigation. we'll review all of the evidence before that kind of decision is made in terms of whether or not to seek the death penalty you review all of the evidence. it's a very thoughtful, long process that is engaged. it's the attorney general of the department of justice that makes the final decision. >> commissioner -- >> i'm sorry. >> -- straight to the boat. can you or the colonel talk about what happened. was he moving around? how did you know it was a chance to take him into custody? >> we know he didn't go straight to the boat. when we set up the perimeter with the best intentions with a lot of information, we found blood in the car he abandoned,
>> there are reports there was no miranda giving. they were claiming public safety kpenls. >> there is a public safety exemptions in days of national security and charges involving acts of terrorism. the government has that opportunity right now. i believe the suspect has been taken to a hospital. thank you. >> what's the federal death count? >> this is still an active, on going investigation. we'll review all of the evidence before that kind of decision is made in terms...
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Apr 20, 2013
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. >> speaking of legal standards, the decision was made to not read dzhokhar tsarnaev his miranda rights, at least not yet. can you explain a little bit more about that decision? i think a lot of people and others who expect when you get arrested you get yourmy r miran rights are surprised by this decision. >> to break down, everybody has seen when police arrest you, they always say certain words. which include you have the right to remain silent, anything you say can and will be used against you in a court of law. well they didn't do that in the case of this suspect. that's because there's something called a public safety exception. and the public safety exception simply says that if you're concerned that there's a plot that is still afoot, if you're concerned there's an emergency, that there could be bombs somewhere else, the authorities don't have to read you your rights at that time. and that's basically what they have decided to do. but they are still going to have to do it eventually. >> joe johns, thank you so much. >>> it's one of the most visible signs that boston is beginning t
. >> speaking of legal standards, the decision was made to not read dzhokhar tsarnaev his miranda rights, at least not yet. can you explain a little bit more about that decision? i think a lot of people and others who expect when you get arrested you get yourmy r miran rights are surprised by this decision. >> to break down, everybody has seen when police arrest you, they always say certain words. which include you have the right to remain silent, anything you say can and will be...